Conference track
Practice tool type
Issued:
Date
2020
Description
In almost all car cases where the installment purchase contracts are assigned to finance companies or other entities by the selling dealers, consumers have significant potential defenses and affirmative claims against assignees as well as the selling dealers. These claims and defenses are based upon either the dealers’ or the assignees’ own conduct. They are supported by the FTC Holder rule and contract language, UCC statutes, and in appropriate cases independent claims for common law torts, UDAP statutory violations, and other causes of action, and have been seriously underused by consumers and consumer advocates. This session will help you find and assert these claims and defenses.